Who Can File a Wrongful Death Lawsuit in California?
Who Can File a Wrongful Death Lawsuit in California?
Losing a loved one due to someone else's negligence is devastating, and California law allows certain family members to file a wrongful death lawsuit to seek justice and financial compensation. At Law Office of Ball & Yorke, we assist families in Ventura in navigating wrongful death claims and ensuring their rights are protected.
Under California law (California Code of Civil Procedure § 377.60), the following individuals have the right to file a wrongful death lawsuit:

- Surviving Spouse or Domestic Partner – The deceased’s spouse or legally registered domestic partner has first priority in filing a claim.
- Children of the Deceased – Biological and legally adopted children can bring a wrongful death lawsuit.
- Parents of the Deceased – If the deceased had no spouse or children, parents may have the right to file a claim, especially if they were financially dependent on them.
- Siblings or Other Heirs – If no immediate family members exist, individuals who would legally inherit from the deceased under California’s intestate succession laws may be eligible.
- Financial Dependents – Individuals who were financially dependent on the deceased, such as stepchildren or putative spouses, may also have a legal right to sue.
A wrongful death claim can help families recover compensation for funeral expenses, loss of income, medical bills, and emotional suffering. However, California law imposes a two-year statute of limitations, meaning claims must be filed within two years of the person’s death.
If you have lost a loved one due to negligence or wrongful conduct in Ventura, Law Office of Ball & Yorke can help you pursue justice and secure the compensation your family deserves.
